JUDGMENT :

Hansaria, C.J. - The question referred to this Bench is whether Rule 28 of the Workmen's Compensation Rules, 1924 (shortly called 'the Rules') is mandatory. The question has been referred because of different views taken by this Court in different decisions.

2. Rule 28 is one of the rules framed by the Government to carry out the purposes of the Workmen's ompensation Act, 1923 and deals with framing of issues. It reads as below:

"28. Framing of issues - (1) After considering any written statement and the result of any examination of the parties, the Commissioner shall ascertain upon what material propositions of fact or of law the parties are at variance and shall thereupon proceed to frame and record the issues upon which the right decision of the case appears to him to depend.

(2) In recording the issues, the Commissioner shall distinguish between those issues which in his opinion concern points of facts and those which concern points of law."

Relying on the use of the word 'shall' in the rule, it is contended by Shri Roy that the provision relating to framing of issues is mandatory and any violation of the same would render the entire order of the Commissioner for Workmen'